Pay day express help

[paydaypayback]

Hi

 

Did you get anywhere with this?

 

I am having exactly the same trouble with said company at the moment except I still owe some money on my defaulted account.

 

My plan of action is to contact them and let them know I will only pay the remainding balance if the default is removed in total as a condition of payment.

 

Anyone think this will work? As I am defaulted anyway I can't see that it will make much difference unless they decide to go ahead with any court action as a result.

[Cknigte]

Update time:

 

They have now provided me with the default notice, however there is some incorrect information on the notice that does not match what is on my credit report.

Can anyone please give me some advice on getting the default removed on these grounds? I sent them the below letter then spoke to a very rude woman called Gillian Meyers from there the other day who just spoke over me, I found her very aggresive.

 

Anyway, please can someone advise on my below points:

 

" To whom it may concern,

Thank you for your recent communication regarding a default that has been recorded against me.

Though I appreciate your response and your gesture of good will, I am still not satisfied due to the large amount of inaccuracies that have been reported against me. Having read the guidelines laid out by the ICO I believe that you have broken data protection laws by reporting incorrect information.

Firstly, though the address was incorrect for the time of which I missed my repayment, my mail was constantly forwarded onto me and at no point did I receive the letter that you have enclosed.

Secondly, your letter states that I had 14 days until the default would be reported against me, however an arrangement to pay had been put into place prior to this deadline.

Thirdly, the default amount on the letter sent to me is stated as being £505.00, whereas on my credit report the amount is reported as being £361

Finally, and most importantly, the default letter you have enclosed States the date of default as being 14 days from 15/01/10, whereas on my credit record the date of default is recorded as being 04/02/2011 which is obviously incorrect.

Taking into account these inaccuracies, I would like you to completely remove the data from my credit record in its entirety as unsubstantiated.

If you do not feel that you are in a position to do this I will have no further option but to refer this case to the Information Commissioner Office, Financial Ombudsman and Trading Standards as was advised by you in your most recent communication."

If anyone has any advice on next steps to take, please advise.

[BRIGADIER2JCS]

OK, The letter is fine address this to the Data Controller

at the loan company send copies/screen prints of CRA

entries as well.

Also send copies to the Compliance Departments of the CRAs

and place a notice of dispute onthe entries.

In this case I suggest recorded delivery.

 

Brig.

[Cknigte]

Thanks for the information Brig, I spoke to Experian about it this week and disputed the accuracy of the data, they said that they had spoken to PDE and they had confirmed that it was a valid entry and thus could not be removed.

 

I sent the letter to PDE a month ago, heard nothing so called them this week, the woman Gillian Meyers was so rude and told me that the date on the credit report was the date they filed the default, whenever I tried to speak she just spoke over me and told me I could write to the ICO and the Financial Ombudsman but it would make no difference at all.

 

I asked her to write all of this down in a letter, but it does not sound correct at all to me.

 

Even if i do get this removed, is there anyway to stop them just placing a new default in its place, even though its well after 6 months ?

 

One last question, is there a way that I can find out from Experian what the date was that PDE sent them the information about the default? It only showed up the other month despite it happening in December of last year.

Edited November 20, 2011 by Cknigte
Added an additional question

[BRIGADIER2JCS]

There is here the point that is confusing me

the date of the default must be the date of

the cause of action ie the last payment made

and no further payment being made

date that the entry is placed on the file, the guidance

is that the placing of the default should be timely no

more than 6 months after the cause of action.

The report should show an entry such as ''Date Last Delinquent''

that is the date of the actual default, any other date is not

relevant.

I think the only way to get information on the date the info

was passed to the CRA is a subject access request to the loan

company and one to the CRA this would show any discepancies

between the two.

 

Brig.

[BRIGADIER2JCS]

Looking back quickly I think you

should take up Ms. Myers invitation

and report to the OFT and trading standards

regarding the abuse.

What job title does this woman claim???

[Cknigte]

Hi Brigs, i am not sure as i am waiting for her letter.

I asked to speak to the company secetary originally as that's who i've been sending my letters too. Regardless of the outcome I am going to report this to the ICO and Ombudsman, the whole thing has been an absoloute joke on their part.

 

I've just checked the entry on my credit report and it seems they have now amended the date, problem is the date is a year before the actual default date. I am actually confusing myself reading this, I agree the clearest way is going to be an SAR.

[BRIGADIER2JCS]

If the date is a year before the actual default date

that's one year closer to stat barred??

[Cknigte]

True, but i would prefer it removed all together for being incorrect. In your experience, do they remove things because of inaccuracies?

 

I have done you some screen shots.

 

Thanks for helping me today, especially considering it is Sunday.

 

[BRIGADIER2JCS]

Hi, Sorry image to small to read, have you

removed identifying details.??

[Cknigte]

Hi Brigs,

 

Yes i removed everything.

 

I will try and upload them and see if i can get them to the right size.

Either way, the default letter is dated 15/12/10 and says i have 14 days to pay £550. Then the record on the Experian credit report now says that the default date was 06/02/10 (so almost a year before the default) And that the default balance is £100

 

Cannot believe that they have messed this up so badly, obviously I was silly taking out the loan in the first place, but i never thought it would go this badly wrong!

[BRIGADIER2JCS]

Odd indeed, in my opinion something smalls off here,

back to a SAR I think.

[Cknigte]

Nice one Brigs, I will get everything in order.

 

In your wisdom, have you ever seen a default totally removed because of inaccurate information? I am really worried about how this is going to effect me.

[BRIGADIER2JCS]

The posting of defaults and the removal of

them if unjustified is something that I have

succeeded in getting some expertise by much

reading of the ICO and OFT guidance documents.

IMHO it is a long and tiresome process using a lot

of letter tennis and arguments on interpretation of

the guidance docs , but yes than can be removed.

 

Brig.

[Cknigte]

Thanks Brig. You've settled my mind a little bit.

 

I am going to SAR Experian & Pay Day Express then get filling out an official complaint with The Financial Ombudsman.

[BRIGADIER2JCS]

Good just make sure you are clear and concise

about what you want from the SAR.

Brig.